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An invoice came in this week from Ryan Tubridy’s agent, Mr Bakhurst said, but added: “We need to decide what we’re paying him because he’s not doing his duties anymore.
“Clearly he’s not doing his TV programme anymore, he should be available for radio.”
Before the PAC on Tuesday, Mr Tubridy said he was still being paid by RTÉ.
RTÉ bosses said they have not asked Mr Tubridy to give back €150,000.
Deputy John Brady said Mr Tubridy was paid for services which have not been provided.
Mr Brady asks if RTÉ have asked him to pay back the €150,000 for the “notional gigs”.
“No we haven’t,” said interim Deputy DG Adrian Lynch.
Mr Lynch said he has access to Ms Forbes’ email account and there is very little else “of substance” that can be provided from it.
Mr Bakhurst said the commercial side is “business as usual” for RTÉ in the midst of the payments scandal.
He said he has the June figures showing how many people paid the TV licence and this “remains same as last year”.
He said he has “no intention” to re-start lobbying politicians for TV licence overhaul for RTÉ at the moment.
Commercial director Conor Mullen said the most of commercial business will be from September onwards.
Independent TD Verona Murphy said Mr Kelly said he knew “nothing” about the “scheme to deceive”. She referenced the DG’s comments in a Newstalk interview and Mr Bakhurst said he stands over his comments “100pc”.
“I said there was two sides to this agreement,” he said. He accused Ms Murphy of “putting words in my mouth”.
Renault’s contract to sponsor the next series of the Late Late is “up for renewal” said Mr Bakhurst.
Mr Lynch said it was “completely evident” from Ms O’Leary’s testimony that there were “no further six events with Renault” when Deputy Verona Murphy asked what proof did he have that Mr Kelly was aware that RTÉ made the payment and not Renault.
Ms Murphy said Ms O’Keefe “gave the impression” that “everybody in RTÉ was opposed to underwriting this agreement”.
She said RTÉ has not “counteracted that” and said there “isn’t an ounce of credibility” to Mr Lynch or Mr Bakhurst.
FG TD Alan Dillon asked if anybody else in RTÉ should be paid more than the DG. “If they have a worth to RTÉ that is worth more than I am, then I think we should consider that,” said Mr Bakhurst.
He said there should be “downward pressure” on the top presenter pay but also “attract the very best talent”.
Mr Lynch said he is “not sure” where the figure of €100m comes from – the figure given by Noel Kelly as to the commercial revenue brought in by Ryan Tubridy.
“That seems high to me,” he said
“There may be a valid methodology to that.” He declines to comment on if Mr Kelly’s explanation is credible.
NK Management pursed €75,000 payments “despite” knowing that Renault contract was “no longer in place” Adrian Lynch told TDs at the Public Accounts Committee (PAC).
“There was a verbal agreement given to the agent that RTÉ would pay the money if there was no sponsorship in place.”
He will also say that RTÉ does not accept that a “contractual commitment” was given by former Chief Financial Officer (CFO) Breda O’Keefe in an email she sent in February 2020 to Noel Kelly.
Ryan Tubridy and his agent made the claim that the broadcaster’s guarantee to underwrite the €75,000 was widely known within the RTÉ executive board.
“The request was known within RTÉ, however, the commitment to do so was not widely known,” he will say in opening remarks.
“RTÉ’s position is that, until the verbal commitment given by the former Director General during the call on 7 May 2020, it had not agreed to underwrite the €75,000 payment per contract year.”
“RTÉ must clarify that the proposal to underwrite these payments was central to the contractual negotiations between RTÉ and Mr Tubridy. We believe that the substantive contract would not have been signed without the additional commercial agreement, or the underwriting.”
“We contend that the payments of €75,000 for year 2 and 3 of the commercial contract were pursued by NK Management, despite it knowing that the Renault contract was no longer in place.”
This is despite Mr Tubridy and Mr Kelly telling the committee they did not know RTÉ was paying the money as it came from the Astus account and thought it came from Renault.
Richard Collins intervenes to clarify that he is the current Chief Financial Officer (CFO) after he was named as the former CFO by the PAC chair Brian Stanley.
Mr Lynch referenced former CFO Breda O’Keefe’s email which was brought up consistently by Mr Kelly.
He said a “single email” in the process of negotiations which “weren’t completed”.
He said the agent “insisted” there should be a side letter from RTÉ underwriting the agreement but this letter was “not forthcoming”.
He said Mr Kelly drafted a letter but this letter was never signed.
Mr Lynch also references emails from NK Management which reference the verbal agreement given by Dee Forbes.
Mr Lynch references how Noel Kelly said he never met Dee Forbes alone without legal or finance representatives.
He said there was a meeting on Monday, April 25, 2022 at 12.45.
Mr Lynch said RTÉ were “obligated” to provide the €75,000 payments.
Deputy Director General Adrian Lynch contradicts evidence given by Noel Kelly about his interaction with Dee Forbes
Mr Lynch said there “was no” Renault deal after the first year.
Mr Lynch then reads out an email from Noel Kelly to Dee Forbes referencing Geraldine O’Leary.
“The two [€75,000] payments were at extravagant expense to the public,” Mr Lynch said.
“The Renault deal was for one year,” he added.
Social Democrats TD Catherine Murphy said certain witnesses have put things on the record which have not been correct as the committee asked about the status of Geraldine O’Leary’s invite. They insisted she was invited but nobody seems to know whether she declined formally or not.
SF TD John Brady asked for Geraldine O’Leary’s exit package.
Head of legal Paula Mullooly said Mr Kelly drafted the commercial agreement and FG TD Colm Burke then questioned Ms Mullooly about the tripartite agreement.
She said a “query” was raised about what should be in the invoice but she said the legal department don’t take instructions but give advice.
New DG Kevin Bakhurst said “we’re not going to have side letters” in future agreements.
Mr Burke said he has asked for a list of people involved in the making of the tripartite agreement and he has not received it. He said the Grant Thornton report references the DG was not involved in it.
Ms Mullooly said the agreement was sent to RTÉ legal by NK management and then forwarded to the director of content and the head of commercial.
Mr Lynch said Mr Jennings – director of content – said in emails the agreement was nothing to do with him.
Mr Burke asked if more work should have been done before the statement made by RTÉ at the end of June, which referenced Mr Tubridy 15 times.
Ms Ní Raghallaigh said the Grant Thornton review was independent and was about “correcting the record in terms of the misstatement of figures”.
She said in the report, the auditors interviewed a number of people including Mr Kelly. She said “fair procedure” happened in the report.
Mr Lynch said RTÉ is “looking into” how former CFO Breda O’Keefe’s exit package was “delivered”.
RTÉ bosses are asked why there was an “illusion” given that a “rogue DG went and negotiated a deal”.
Mr Lynch said the DG was the one member of the executive board who gave a verbal guarantee.
“The impression was given that it was almost, all Dee Forbes,” said FF TD Cormac Devlin.
The contract was not finalised and binding until May 7, said Mr Lynch.
Ms Ní Raghallaigh said when the first GT report was concluded, “nobody knew” the beneficiary of the payments.
“We didn’t know all the details at that point,” she said.
Ms Mullooly said a “number of other legal issues” have arisen when asked why certain documents weren’t shared with the committee earlier.
She said notes drafted by a solicitor at certain meetings are privileged.
SF TD John Brady said Ms O’Keefe gave “very convincing testimony” to the committee. Mr Kelly had sent a legal letter to RTÉ some days before she came before TDs. Mr Lynch said when she gave her testimony, he did refer to having received “something”.
“I do think people were operating in silos,” said Mr Bakhurst. “I’m not convinced anybody else knew all the information.”
Mr Brady said the assurances given in the email that RTÉ would issue a side letter and the people cc’d in this email are “key people in key roles at the top of the organisation”.
This shows these people operated “in collaboration” but the new DG disagrees with this.
Mr Bakhurst said certain people should have “spoken up”.
Mr Lynch apologised to Renault for “being dragged into this”.
More to follow..
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